Illinois Strengthens Consumer Safeguards with New Fitness Law

New Fitness Services Act in Illinois Enhances Consumer Protections

With the recent enactment of Public Act 103-0838, Illinois has significantly bolstered consumer protection laws within the fitness industry. This amendment to the Physical Fitness Services Act expands the rights of gym and fitness center customers statewide. Effective immediately, it offers Illinois residents more flexibility and security when entering into fitness service contracts.

Key Provisions of the Amended Physical Fitness Services Act

The revised Physical Fitness Services Act was initially brought forward as House Bill 4911. The General Assembly welcomed it with overwhelming support, leading to a revision of Section 6 of the existing act. The new legislation includes crucial changes such as extended cancellation periods, clarified contract termination procedures, and regulations on automatic renewals.

Consumer Flexibility in Fitness Service Contracts

The updated law now gives customers a three-business-day cancellation window post signing a fitness service contract. In cases where the fitness center is yet to open, or if the contract is signed off-site, this period extends to seven calendar days. This additional time allows consumers to carefully reconsider their agreements, promoting informed decision-making.

Provisions for Customer Relocation and Life Changes

The amendment also addresses the issue of customer relocation. If a customer moves more than 25 miles away from their fitness center, and a comparable facility isn’t available in the new location, they may cancel the contract. The cancellation fee in such cases is capped at either 10% of the unused balance or $50, preventing undue penalties for uncontrollable life changes.

Provisions for Death or Disability

In circumstances involving the death or significant disability of a customer, the law now allows for contract termination. The customer’s liability is limited to the portion of services used before the incident. Fitness centers may, however, request reasonable proof of the death or disability before processing the cancellation.

Guidelines for Contract Cancellation and Refunds

All cancellation notifications must now be provided in writing. You can send these via certified or registered mail, through the fitness center’s website if the contract was signed online, or through the email address provided in the contract. The law also mandates that any refunds due should be issued within 30 days of the receipt of the cancellation notice, ensuring a clear timeline that benefits the consumer.

Regulations on Automatic Renewals

The amendment further stipulates that fitness service contracts with automatic renewal clauses should meet the strict guidelines of the Automatic Contract Renewal Act. This regulation helps to protect consumers from unintentionally being tied to long-term commitments.